Date of Decision:
June 30, 2008
Whether Debtor-Defendant was entitled to summary judgment with respect to Plaintiff's complaint to determine dischargeability under 11 U.S.C. § 523(a)(2)(A)?
Yes. The only evidence in the record of what Debtor-Defendant knew or did not know at the times he was alleged to have made the statements in question was that provided by Debtor-Defendant's affidavit, in which he denied knowing the statements were false at the times they were made. Plaintiff failed to advance specific facts to create a genuine issue of material fact regarding Debtor-Defendant's knowledge for trial. Specifically, Plaintiff did not point the Court to anything in the record to suggest, contrary to the declarations in his affidavit, Debtor-Defendant knew his statements were false at the times they were made.
Full Bankruptcy Court Decision: